Watch Tower sues Quotes for $100,000 plus plus plus...

by Quotes 354 Replies latest watchtower scandals

  • Leolaia
    Leolaia

    Here is a good summary of Canada's fair dealing law:

    http://en.wikipedia.org/wiki/Fair_dealing

    Note some important points. (1) "Fair dealing" is viewed as a "user's right", not as a mere loophole. "Both owner rights and user rights should therefore be given the fair and balanced reading that befits remedial legislation." Hopefully, this means that Quotes' reasons will be seriously considered. (2) There are six criteria for evaluating whether the use constitutes "fair dealing":

    1. The Purpose of the Dealing Is it for research, private study, criticism, review or news reporting? It expresses that "these allowable purposes should not be given a restrictive interpretation or this could result in the undue restriction of users' rights."
    2. The Character of the Dealing How were the works dealt with? Was there a single copy or were multiple copies made? Were these copies distributed widely or to a limited group of people? Was the copy destroyed after its purpose was accomplished? What are the normal practices of the industry?
    3. The Amount of the Dealing How much of the work was used? What was the importance of the infringed work? Quoting trivial amounts may alone sufficiently establish fair dealing. In some cases even quoting the entire work may be fair dealing.
    4. Alternatives to the Dealing Was a "non-copyrighted equivalent of the work" available to the user? Could the work have been properly criticized without being copied?
    5. The Nature of the Work Copying from a work that has never been published could be more fair than from a published work "in that its reproduction with acknowledgement could lead to a wider public dissemination of the work - one of the goals of copyright law. If, however, the work in question was confidential, this may tip the scales towards finding that the dealing was unfair."
    6. Effect of the Dealing on the Work Is it likely to affect the market of the original work? "Although the effect of the dealing on the market of the copyright owner is an important factor, it is neither the only factor nor the most important factor that a court must consider in deciding if the dealing is fair." A statement that a dealing infringes may not be sufficient, but evidence will often be required.

    Although Quotes does not himself provide his own criticism or review of the material, it is the result of research and research provided as a resource for other people to research themselves, and technically it might be "news reporting" in that he reports what the WTBTS had previously taught as matters of faith. Since the teachings themselves have changed over the years, one could say that the site is for "historical research". (3) The "amount of dealing" is also an area the WTBTS targets, but it appears that "even quoting the entire work" may be fair dealing in some circumstances. Would these circumstances include cases when the "work" is itself very short, such as a "Questions From Readers", a column in a Kingdom Ministry, or an item in "Watching the World"? (4) Neither does Quotes have much alternative to the dealing, since it is paramount to present ENOUGH CONTEXT of the work to defend against allegations of misrepresentation and since it is the actual published statements of the WTBTS that are at issue, they must be represented in that form. Mere paraphrasing of the WTBTS statements is not sufficient, as it could easily be dismissed as "apostate distortions", and it can be easily established that Quotes' target audience is conditioned against reading commentary and would read only the work itself. (5) The WTBTS' claim of "confidentiality" is based on the limited distribution of the WT Library CD, but most of these are works that had already been distributed publically. The main aim of Quotes is to increase the availability of statements made in works that are no longer distributed by the copyright holder (in some cases for many decades), and have very limited availability. (6) Pursuant to the last point is that Quotes' does not affect the market price of old or out-of-print books since they are no longer distributed, and as for the WT CD, the collection of quotes represents a tiny fraction of the material on the CD. It seems that the WT claim that Quotes "embarasses" them is aimed at this criterion, such that public "embarassment" would negatively impact their "sales". And of course, most importantly, the works are not "sold" anyway but given away "free".

  • DevonMcBride
    DevonMcBride

    Are there grounds to Counter-sue?

  • ezekiel3
    ezekiel3
    Effect of the Dealing on the Work Is it likely to affect the market of the original work?


    There is no "market" for publications provided free of charge.

    mar·ket (source: http://dictionary.reference.com/search?q=market)

    n. 1) A public gathering held for buying and selling merchandise. 2) A place where goods are offered for sale. 3) A store or shop that sells a particular type of merchandise: a vegetable market. 4)

    a) The business of buying and selling a specified commodity: the soybean market.

    b) A market price.

    c) A geographic region considered as a place for sales: grain for the foreign market; the West Coast market.

    d) A subdivision of a population considered as buyers: cosmetics for the upscale market.

    5) The opportunity to buy or sell; extent of demand for merchandise: a big market for gourmet foods.

      6)

      a) An exchange for buying and selling stocks or commodities: securities sold on the New York market.

      b) The entire enterprise of buying and selling commodities and securities: The market has been slow recently.

      The American Heritage® Dictionary of the English Language, Fourth Edition

      Copyright © 2000 by Houghton Mifflin Company.

      Published by Houghton Mifflin Company. All rights reserved.

    1. rebel8
      rebel8

      Idea for letter writing campaign:

      As we all know, the WTS Headquarters is in New York City. Why don't we all write letters to the New York Times?? Here is the email address: [email protected] .

      ------------------------------------------------------------

      Re: Scully's suggestion to create mirror sites--free web sites are available: www.50megs.com and www.freeservers.com are 2 of many available.

    2. Sunspot
      Sunspot



      I haven't read through the latest posts.........but will this help (if it hasn't already been posted)



      http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm


    3. Leolaia
      Leolaia

      Sunspot....I think it is the Canadian law that is more germaine here. The most recent case law seems to be the following:

      http://www.canlii.org/ca/cas/scc/2004/2004scc13.html

      BTW, here is a description of the suit from Pressbox (sorry if this has already been posted):

      Jehovah's Witnesses Sue, Claim Their Widely Distributed Literature is "Secret"

      Added: (Sat Sep 10 2005)

      The Canadian branch of the religious sect Watchtower Bible and Tract Society and leader of Jehovah's Witnesses, has filed a $100,000 lawsuit against the creator of www.http://quotes.watchtower.ca/ web site, claiming their own Watchtower articles are "embarrassing" to the Watchtower itself. "As a result of his activities, the Plaintiffs [Watchtower Society] have suffered and will continue to suffer damages, including but not limited to loss of reputation and goodwill.

      The lawsuit comes as a surprise to many as all of Watchtower's texts are faithfully reprinted without commentary or criticism. The creator of Quotes web site stated "Yes, this is pretty amazing. "Confidential information", indeed! I don't recall it being labeled as such when I was delivering it to strangers homes!" Quotes is an ex-Jehovah witness.

      http://www.pressbox.co.uk/detailed/Society/Jehovah_s_Witnesses_Sue_Claim_Their_Widely_Distributed_Literature_is_Secret__36149.html

    4. Sunspot
      Sunspot

      Arrggghhh! I was told that this was internationally satisfactory and applicable! Sorry if it was in error for Canadian usage!

      hugs (and embarrassment),

      Annie..........too eager to please, and way out of my league! LOL!

    5. Kenneson
      Kenneson


      Don't know if any of this will be applicable, but maybe someone can find some pointers at

      http://www.rickross.com/reference/scientology/scien158.html See "Law Rules: Internet vs. First Amendment. At the bottom of the page go "To see more documents/articles regarding this group/organization/subject Click here." Then scroll down to Scientology vs. Freedom of Speech and the Internet." Look at article 4 "Scientologists loses copyright case." While this happened in the Netherlands, maybe something in there could be applied to Canada as well. Here's hoping.

    6. hamsterbait
      hamsterbait

      A corporation or public body can own the copyright of works written by its employees.

      The books are COPYRIGHT Watchtower Bible and Tract Society of Penn. That is enough under the law.

      I posted a thread on this last year and Blondie posted her research to prove it. (Loving your new avatar B!)

      HB (of the "too tired to decide what class I am" class)

    7. hamsterbait
      hamsterbait

      Any news from the Lawyer I mentioned in Toronto?

      HB

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